Terms of Use

TERMS OF USE

Last Updated: June 16, 2024

These Terms of Use (the “Terms” or “Terms of Use”) govern the relationship between you and Tampa Bay Learning, LLC (“Tampa Bay Learning,” “our,” “we,” or “us”) when you use our website, gradepowerlearning.us, our mobile applications, or our online learning platform (collectively, the “Services”). Tampa Bay Learning, LLC is a franchisee of GradePower Learning. By accessing or using the Services, you agree to be bound by these Terms. Please read these Terms carefully. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. FOR EXAMPLE, THEY INCLUDE AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED THROUGH BINDING ARBITRATION, AS WELL AS CLASS ACTION AND JURY TRIAL WAIVERS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. GradePower Learning Locations Are Independently Owned Franchises. Each GradePower Learning location is independently owned and operated by a GradePower Learning franchisee. Information on particular locations, like biographies, hours, and pricing, are provided by and are the responsibility of the particular GradePower Learning franchisee. Additional terms may govern your relationship with a specific franchisee.
2. Eligibility to Use the Services. You represent and warrant that (i) you are at least the age of majority in your jurisdiction, or you are accessing the Services under the supervision of your parent or guardian who agrees to be bound by these Terms on your behalf, (ii) your use of the Services is legal in, and does not violate any laws or regulations where you live or from where you access the Services, and (iii) your use of the Services will be in accordance with these Terms.Your use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations, (b) will not transfer software, technology, or other technical data via the Services to export-prohibited parties or countries, (c) will not use the Services in violation of United States export laws, (d) will not access or use the Services from a country or region that is targeted for comprehensive trade sanctions by the United States government, and (e) will not transfer, upload, or post via the Services any software, technology, or other technical data in violation of United States or other applicable export or import laws.In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we reserve the right to terminate, restrict or suspend your access to the Services, in whole or in part, at any time without notice. In particular, and without limitation, we may terminate or suspend your access to the Services upon your non-compliance (or threatened non-compliance) with these Terms or if you violate (or threaten to violate) our rights or the rights of any other party.
3. Intellectual Property. The Services contain content (including, but not limited to, data, files, images, pictures, software, technology, interactive features, logos, service marks, trademarks, trade names, and other forms of intellectual property) owned or licensed by GradePower Learning (“GradePower Content”). GradePower Content is protected by copyright, trademark, patent, trade secret and/or other laws, and, as between you and GradePower Learning, GradePower Learning owns and retains all rights in the GradePower Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GradePower Content and you will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, sell, license or otherwise exploit the GradePower Content. We reserve all rights not expressly granted herein in and to the Services. Unless otherwise noted, our name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Services are our property, or that of our affiliates or licensors. All third-party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. For clarity, there may be instances where trademark or copyright symbols are omitted for creative reasons, which does not impact the validity or enforceability of our rights in the GradePower Content.
4. Your Limited Right to Use the Services and GradePower Content. Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access the Services and the GradePower Content for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any GradePower Content, and (ii) may be immediately suspended or terminated for any reason, in GradePower Learning’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or GradePower Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
5. Availability of the Services. We use commercially reasonable efforts to provide continuous access to the Services; however, we do not guarantee that the Services will be accessible at all times. For example, the Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Services inaccessible for a limited amount of time due to unforeseen circumstances.By accessing the Services, you are directing your communication to us in Florida. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Services does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction.
6. Limits of Your Use. You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to use the Services:
   • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
   • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
   • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation.
   • To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
   • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
   Additionally, when you access the Services, you agree not to:
   • Modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Services or make any unauthorized changes to or copies of the Services.
   • Circumvent, disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with any (i) security-related features of the Services, or (ii) features that prevent, restrict, or limit use or copying of any content.
   • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
   • Use any robot, spider or any other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
   • Use any device, software or routine that interferes with the proper working of the Services.
   • Upload, post, email, or otherwise transmit through the Services any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
   • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer or database connected to the Services.
   • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
   • Otherwise attempt to interfere with the proper working of the Services.
7. Privacy and Confidentiality. The confidentiality of any information submitted on the Services cannot be guaranteed. Information transmitted over the internet may be intercepted and may not be secure. We will maintain and use your “personal information” as defined in, and according to our Privacy Policy, which may be modified from time to time in our discretion. Your continued access or use of the Services indicates that you agree with such modifications. For more details, please visit our Privacy Policy.
8. Use By Minors. We do not knowingly collect or solicit Personal Information from children under 18 without parental or guardian consent. If you are under 18, please do not attempt to register for the Services or send any Personal Information about yourself to us. If you believe that a child under 18 may have provided us Personal Information without your consent, please contact us at the email listed below.
9. User Feedback; User Content. By submitting any unsolicited ideas, comments, suggestions or other information to us (through our Services, social media sites, or other digital platforms, or through Google, or other review sites, or other means), including, but not limited to, those related to improvements to the Services (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, our property. We shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. You can email us any feedback at alearned@gradepowerlearning.com.The Services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (“User Content”). We do not endorse or approve any User Content that you or others contribute or post. You acknowledge that any User Content that you post or submit for posting through the Services is deemed to be non-confidential and may be disclosed through the Services to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities. Nothing in these Terms shall obligate GradePower Learning to use any User Content you submit or permit the posting of such User Content on any website or platform.You agree to not submit, upload or post any User Content to the Services that infringes or may infringe the copyright, trademark or other intellectual property rights of a third party nor may you submit User Content that violates any third party’s right of privacy or right of publicity. You may submit only User Content permitted by the owner or by law.When you post or submit for posting User Content to the Services, you agree to and do hereby expressly grant to us and to our affiliates, parents, subsidiaries, agents, representatives, licensors or other third-party partners, and our successors and assigns, a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable license and right to use, without restriction, including, but not limited to the right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User Content that you submit through the Services, without notice, payment or attribution of any kind to you or any third party.You are responsible for all User Content that you submit to us. You may not submit or post User Content that:
   • Is not your own original creation or that you do not have permission to use.
   • Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner.
   • You know to be inaccurate.
   • Is pornographic, sexually explicit, or obscene.
   • Exploits children or minors.
   • Violates the rights of privacy or publicity of any person, including any minor.
   • Is harassing, libelous, slanderous, or defamatory.
   • Contains any personal information about any person without their consent or about any person who is a minor.
   • May be deemed offensive to the community that uses the Services, including expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism.
   • Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose.
   • Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice.
   • Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person.
   • Violates any local, state, federal, and/or international laws or regulations.
   • Promotes or provides instructional information about illegal or illicit activities.
   • Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment.
   • Is intended to overwhelm, cause technical disruptions of or denial of service to the Services.
   We reserve the right (but have no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason, in our sole and absolute discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
10. Copyright Infringement.

DMCA Notice. If you believe that any content on the Services violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512 “DMCA”). In the case of an alleged infringement, please provide the following information:

• A title or subject line that says: “DMCA Copyright Infringement Notice.”
• A description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• A description of where the material that you claim is infringing is located on the Services (including the exact URL).
• Your full name, an address, a telephone number, and an email address where we can contact you.
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law.
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
• Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. We will only respond to DMCA Notices that we receive by mail or email at the addresses below.

Tampa Bay Learning, LLC Attn: General Counsel Address: 2470 Bloomingdale Ave #1330, Valrico, FL 33596 Email: valricofl@gradepowerlearning.com

We have the right to terminate the user account of any user who repeatedly submits content that violates our intellectual property policies.

DMCA Counter-Notification. If a work that you submitted to Tampa Bay Learning is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that this was the result of mistake or misidentification, then you may submit a “Counter-Notification” to the mailing or email address listed above. The DMCA Counter-Notification should contain the following information:

• A legend or subject line that says: “DMCA Counter-Notification.”
• A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled).
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your full name, address, telephone number, email address, and the username of your account with us (if any).
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person.
• Your electronic or physical signature.

If Tampa Bay Learning receives a DMCA Counter-Notification, then we may, in our sole discretion, reverse any action previously taken with respect to the related DMCA Notification. Upon receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the Counter-Notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Tampa Bay Learning nor its employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.

11. Links to Third-Party Websites. The Services may contain links to third-party websites or information. Tampa Bay Learning does not control or maintain any of these third-party websites or any of their content. Tampa Bay Learning provides links for your convenience only, and the inclusion of any link to a site not owned by Tampa Bay Learning is not an endorsement by Tampa Bay Learning of the linked site or its contents. Tampa Bay Learning assumes no responsibility for any other party’s site hyperlinked to the Services or from which the Services have been hyperlinked.
12. Cooperation with Law Enforcement and Government Agencies; Required Disclosures. You acknowledge that we have the right to investigate and prosecute violations of these Terms of Use, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or otherwise engage in suspected unlawful conduct. You acknowledge that we have no obligation to monitor access to or use of the Services, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
13. Changes to the Terms of Use; Additional Terms. We reserve the right to refuse access to the Services to anyone for any reason at any time. We reserve the right in our sole discretion to change these Terms of Use from time to time (“Updated Terms of Use”). You agree that we may notify you of the Updated Terms of Use by posting them on the Services, and your use of the Services after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. You should review the current version of the Terms of Use before using the Services.In some instances, both these Terms of Use and separate terms setting forth additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, these Terms of Use will control unless the Additional Terms expressly state otherwise.
14. Warranty Disclaimer. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE GRADEPOWER CONTENT ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER GRADEPOWER LEARNING NOR ITS PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “GRADEPOWER PARTIES”) MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, STATUTORY OR IMPLIED, AS TO: (I) THE SERVICE, OR (II) THE GRADEPOWER CONTENT. IN ADDITION, THE GRADEPOWER PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE GRADEPOWER PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS. THE GRADEPOWER PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. THE GRADEPOWER PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GRADEPOWER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
15. Limitation of Liability. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE GRADEPOWER PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (I) THE SERVICE, (II) THE GRADEPOWER CONTENT, (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES, (IV) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GRADEPOWER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (VI) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY IN CONNECTION WITH USE OF THE SERVICES, EVEN IF FORESEEABLE OR EVEN IF THE GRADEPOWER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT.AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE GRADEPOWER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT THAT YOU HAVE PAID GRADEPOWER LEARNING IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE(S) THE CLAIM(S), OR TWO HUNDRED AND FIFTY DOLLARS ($250), WHICHEVER IS GREATER.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
16. Indemnification. You agree to indemnify and hold harmless the GradePower Parties from and against all claims, liabilities, losses, expenses, fines, penalties, assessments, injury or damage to persons or property, money damages and costs (including but not limited to indirect, special, incidental, consequential, exemplary, and punitive damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of or in any way connected with any of the following: (i) your breach or alleged breach of these Terms of Use; (ii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; (iii) your visit, use, misuse, inability to use or interruption of the Services; (iv) any fraud, manipulation, deception or misrepresentation by you; and (v) your User Content. You will cooperate as fully required by GradePower Learning in the defense of any claim. GradePower Learning reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of GradePower Learning. This section shall survive any termination of the Terms of Use.
17. Governing Law. These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of conflict provision or rules.
18. Disputes; Resolution. IMPORTANT: THIS SECTION LIMITS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.Arbitration. Other than for the grounds set forth in the section below entitled “Exceptions to Agreement to Arbitrate,” in the event of any dispute, claim, question or disagreement arising from or relating to the Services, the Terms or the breach thereof, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Florida, USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. All arbitrations shall be conducted by the AAA. The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to GradePower Learning at 2470 Bloomingdale Ave #1330, Valrico, FL 33596. You must also comply with the AAA’s rules regarding initiation of arbitration.This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations, including the time limitation agreed to under these Terms of Use.The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests.Exceptions to Agreement to Arbitrate. You and we agree that GradePower Learning may go to court to resolve disputes relating to: (a) your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or (b) your violation of the Section “User Feedback; User Content.” If we choose to bring a claim in court, such claim shall be submitted exclusively to the Federal and State Courts located in Florida, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby. This means that a judge rather than a jury will decide disputes between you and GradePower Learning if, for any reason, the arbitration agreement is not enforced.
19. Equal Opportunity. GradePower Learning conducts our business on an equal opportunity basis. We do not discriminate in any manner prohibited by law.
20. Headings. Headings in these Terms of Use are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms of Use or the meaning and construction of these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
21. Assignment. GradePower Learning may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of GradePower Learning.
22. Entire Agreement; Severability; No Waiver. These Terms of Use constitute the entire agreement between you and GradePower Learning and govern your use of the Services, superseding any prior agreements between you and GradePower Learning. If any provisions of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not confer any third-party beneficiary rights. Except as expressly set forth in these Terms, (a) no failure or delay by GradePower Learning in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (b) no waiver or modification of any term of these Terms will be effective unless in writing and signed by GradePower Learning.
23. Contact Us. If you have questions or comments about these Terms of Use, please contact us.Tampa Bay Learning, LLC Attn: General Counsel Address: 2470 Bloomingdale Ave #1330, Valrico, FL 33596 Email: valricofl@gradepowerlearning.com

Child Data and AI Monitoring. We are committed to the privacy and safety of children using our services. Our monitoring processes include the use of AI to ensure a safe and secure learning environment. For more information, please visit gradepowerlearning.us/ai.

Website Accessibility. We are dedicated to ensuring that our website is accessible to everyone. We are actively working to comply with the Web Content Accessibility Guidelines (WCAG) Levels A and AA. If you have any questions or issues regarding the accessibility of our site, please reach out to us or call us at (813) 669-3690. We are here to assist you with any accessibility needs you may have. For more details, please visit our Accessibility Statement.